Madras HC stays lower court order on "triple talaq'

Madurai: The Madras High Court on Friday came to the rescue of a Muslim woman by staying the order of a lower court in Periyakulam which upheld the "triple talaq" sent by her husband through telegram in 2009 .

Hearing the petition by Nazeema, whose husband Mydeen Batcha divorced her via telegram, Justice R Mahadevan directed the husband to file his counter in three weeks.

Nazeema submitted that she married Batcha in 2007 when 35 sovereigns of gold and Rs 40,000 was provided as dowry.

However, her husband and in-laws tortured her and demanded more dowry, she alleged.

She further submitted that she had lodged a complaint with the all-women police station against her husband and his family for illegally detaining her, criminally intimidating her and also under Dowry Prohibition Act.

Even as a case was pending in the Judicial Magistrate's court, her husband offered to lead a peaceful matrimonial life.

Believing his words, she withdrew the complaint, she stated. However, after the withdrawal of the complaint, he divorced her by sending talaq by telegram on July 16, 2009.

When she moved the sub-court, it ruled that the talaq was null and void. But the Additional District Court Judge of Periyakulam allowed the appeal filed by her husband and upheld the talaq last year.

The issue should be discussed before the elders and there were procedures to be followed after that. Sending talaq by telegram was against the Muslim Marriage Act, her counsel contended.